Joshua R. Cohen is a trial and appellate lawyer who represents hospitals, physicians and healthcare providers in litigation, administrative hearings and investigative proceedings. An innovative strategist, he advances creative legal theories that have changed the course of litigation and resulted in favorable trial and appellate decisions for his clients. Mr. Cohen has been involved in numerous cases of first impression in which the legal basis for the outcome had not previously been established. His presentations to the court and juries demonstrate confident knowledge of the facts, the science and the law, and impute credibility for his clients who regard him as completely invested in the outcome.
He has taken a leadership role in issues involving electronic health records and E-Discovery in healthcare litigation where discovery issues are greatly complicated by patient privacy requirements imposed by HIPAA, other regulations and statutes, and the complexities of healthcare technology. He has lectured extensively nationally and internationally on these topics and other related areas. He has also conducted internal investigations for major health care institutions involving regulatory compliance and risk prevention, and he has advised hospitals in connection with investigations by state and federal agencies.
Mr. Cohen is a past President of the New York State Medical Defense Bar Association and was the Chairperson for the Association of the Bar of the City of New York Committee on Medical Malpractice. He is a member of the New York State Court System’s E-Discovery Working Group by invitation of the Chief Administrative Judge of the State of New York, which provides assistance to the court system on many electronic discovery issues. Mr. Cohen is also a member of the Supreme Court, New York County, Bench Bar Committee on Medical Malpractice. He is a member of the New York State Bar Association, the Defense Research Institute and the Claims and Litigation Management Alliance. He’s listed in Who’s Who in American Law and is A.V. Peer Review Rated by Martindale-Hubbell. Mr. Cohen has been repeatedly selected for inclusion in Super Lawyers in New York. He is also a Fellow of the Litigation Counsel of America, an invitation-only honorary society representing less than one half of one percent of American lawyers and was selected again as a Top 100 Health Care Lawyer in the State of New York by The American Society of Legal Advocates. He is currently the Vice President of the Health Law Committee of the Union Internationale des Advocates.
A frequent lecturer and author, Mr. Cohen has given numerous presentations to healthcare providers and attorneys on a range of topics including E-Discovery, electronic health records and metadata, telehealth and appellate issues. He is the author of a chapter on “Health Informatics – Medical-Legal: Attorney’s Perspective” to be published in the Spring, 2022.
- Fordham University School of Law, New York, N.Y., J.D. 1991
- Hartwick College, Oneonta, N.Y., B.A. 1985
- New York
- United States Court of Appeals for the Second Circuit
- United States District Courts for the Southern and Eastern Districts of New York